Welcome to www.ariiston.com.au (our Site).
Our Site gives you an opportunity to browse and purchase
Products offered by EXELLON AU PTY LTD (ACN 660 530 450) trading as Ariiston
(we, us, our). These Terms and Conditions (Terms) govern your use of our Site
and our Products, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about
these Terms must be directed to us in writing at info@ariiston.com.au before
using our Site and buying our Products. Subject to any subsequent agreements
you may be required to enter with us, these Terms constitute the entire
agreement between you and us and supersedes all prior agreements, conduct,
representations and understandings. You confirm you have not entered into this
agreement on the basis of any representation that is not expressly incorporated
into this agreement.
1 DEFINITIONS
1.1 Aesthetic Discrepancies means variations that may arise
between the portrayal of our Product Images, any print images and the real-life
appearance of our Products. Such discrepancies may include but are not limited
to: colour and overall look and feel of the Products.
1.2 Account means the account you may create with us in
order to purchase the Products on our Site.
1.3 Delay Event means any event beyond our reasonable
control which leads to a delay in the delivery of the Products to you.
1.4 Dispatch Confirmation means the notification confirming
the shipment of the Products you have ordered.
1.5 Estimated Delivery Date means an estimated delivery date
we provide you at the time you place an Order on our Site.
1.6 Gift Card means a gift card we supply to be used to
purchase our Products.
1.7 Order means the order you make in relation to the
Products. Commented [PL1]: These terms and conditions relate to your products.
1.8 Order Confirmation means the acknowledgement of your
Order which we issue to you.
1.9 Products means: (a) General clothing and accessories;
(b) gift cards to be used solely on our Site; and (c) any other Products
offered by us from time to time.
1.10 Product Characteristics means information which we list
on our Site regarding any approximations regarding the dimensions and
measurements (in cm) of our Products, including sizing guides which we will
include on our Product listings.
1.11 Product Images means the images displayed on our Site
which are used in connection with the promotion and sale of the Products on the
Site.
2 ACCEPTANCE OF TERMS
3.1. By browsing, accessing, purchasing, or using the
Products offered on our Site, whether or not you have purchased our Products,
and irrespective of your capacity as an individual, as an employee of a
business, or as a business, you acknowledge that you have read and understood
these Terms and agree to be bound by them, and all our other policies.
3 VARIATIONS TO TERMS
3.1 We reserve the right, in our sole discretion, to vary,
change or amend any part of these Terms at any time.
3.2 In that event, we will provide a notice of the variation
by publishing the updated Terms on our Site.
3.3 The updated Terms will be taken to have effect on the
date of publication.
3.4 Your continued purchase of our Products and the Site
constitutes your acceptance of the updated Terms and is taken as your agreement
to be bound by the updated Terms.
3.5 Should you object or disagree with the Terms, your only
remedy is to contact us at info@ariiston.com.au and either refrain from placing
an Order or immediately discontinue your use of the Products.
4 GENERAL DISCLAIMER
4.1 We offer a number of Products on our Site from time to
time.
4.2 You acknowledge and agree that each Product offering may
have different terms and prices, as displayed on our Site or as contained in
any contract entered into with you and us for those Products.
4.3 We provide the Products on an “as-is” and “as available”
basis and whilst every effort is taken to ensure the content provided and the
Site is accurate, we make no representations and give no guarantees or
warranties about the currency, suitability, reliability, availability,
timeliness and/or accuracy of the content and the Site for any purpose.
4.4 It is your responsibility to independently verify the
information made available on the Site.
4.5 You acknowledge and agree that we, our employees,
affiliates and representatives are not responsible for decisions that you may
make, or for any consequences, undesired or otherwise, that may flow from your
engagement of the Site or the Products offered on the Site.
4.6 Any testimonials and examples of our Products, wherever
published (online or in print) are not to be taken as a guarantee that you will
achieve the same or similar results.
4.7 We make no warranty, representation, or guarantee
regarding the suitability of our Products for any particular purpose, nor do we
assume, to the maximum extent permitted by law, any liability whatsoever
arising out of the application or use of any our Products. It is your
responsibility to independently determine the suitability of any Products and
to test and verify the same.
4.8 Any timelines or delivery dates are provided by us on an
estimated basis only. We make no guarantee that these timelines or delivery
dates will be met as there may be interfering factors beyond our control, and
we are not responsible for any delay in the delivery of Products to you due to
a Delay Event.
5 PRODUCT SPECIFIC DISCLAIMERS
5.1 Whilst we exercise reasonable care in ensuring our
Product Images are accurate, you accept that there may be Aesthetic
Discrepancies which we cannot account for in our Product Images and may arise
from your own usage of certain screens and/ or desktops to view our Site and
Product Images.
5.2 You understand and acknowledge that any Estimated
Delivery Date we provide you is an estimate only. You accept that we are not
liable to you for any loss sustained to you by reason of any delay or failure
to fulfill an Order which is due to a Delay Event. Without limiting the
generality of this clause, this includes: (a) where there are unexpected
delivery delays; (b) where there are unexpected manufacturing delays; and (c)
any other Delay Event beyond our reasonable control.
5.3 You accept that we sell our Products in quantities which
we deem as a standard typically expected in non-commercial everyday use. We
reserve the right to refuse an Order should we consider the quantities ordered
to exceed such amount. We are not liable to you in any respect should we elect
to refuse such Order(s).
5.4 You understand that our Order Confirmation constitutes a
confirmation that we have received your Order and that it is not a formal
acceptance of your Order. Our acceptance of your Order will only occur once we
have dispatched the Product to you and you receive a Dispatch Confirmation.
5.5 From time to time, we may place third-party links on our
Site. We are not responsible those third party links (including any offers by
those third-parties), unless it is an announced co-promotion.
5.6 While we exercise reasonable care in providing accurate
information regarding our Product Characteristics, you understand that any
sizing or dimension guides that we provide on our Site are approximations only,
and there may slight variations between the Products we provide you and the
listed Product Characteristics on our Site. You acknowledge that such
variations may be the result of the materials we use and/ or the manufacturing
process.
6 REGISTERING YOUR DETAILS
6.1 Before you purchase our Products, you may either
register an Account with us or proceed as a guest. Should you purchase our
Products as a guest, you will have to insert your details at checkout again
should you place another Order at a different point in time.
6.2 For more information on registering an Account, please
refer to clause 4 of our Website Terms and Conditions.
7 ORDER PROCESS AND ORDER CONFIRMATION
7.1 When you submit a request for an Order, you will be
directed to checkout. Following which, you will be directed to make payment. We
will then provide you with an Order Confirmation.
7.2 Any Order you submit via our Site is subject to our
acceptance of your Order and the availability of the Products at that point in
time.
7.3 You understand that until you complete a purchase, any
item(s) in your cart are not reserved and may be purchased by other customers.
7.4 You must pay for the Products at the time you place your
Order through our Site and we will deduct all amounts owing at the time of
processing your Order at checkout.
7.5 We will send you an Order Confirmation after you have
placed your Order in order to confirm that we have received your Order. You
accept that this Order Confirmation is not to be construed as an acceptance of
your Order and/or a guarantee of fulfilment by us.
7.6 You can consider your Order accepted by us once we send
you an email with our Dispatch Confirmation.
8 ONLINE STORE AVAILABILITY AND PRICING
8.1 We may withdraw and/or re-offer any item listed for sale
on this Site, including through any means of access to the Site (websites,
domain names, URLs, landing pages and/or any other medium) if the item: (a)
becomes unavailable; or (b) was incorrectly described or listed.
8.2 We will inform you, as soon as is reasonably
practicable, if a Product you have Ordered is unavailable. You will not be
charged for your Order where the Product is unavailable.
9 PRICES
9.1 All prices for our Products are in Australian Dollars
(AUD).
9.2 All prices for our Products are as displayed via our
Site.
9.3 All prices are inclusive of GST (if applicable) unless
indicated otherwise, and exclude delivery charges and customs duty and other
taxes, if applicable.
9.4 All prices are subject to change without notice.
10 PAYMENTS
10.1 We accept payment for our Products in the various means
listed on our Site. We reserve the right to amend our methods of payment from
time to time.
10.2 Receipts for any of our Products are automatically
generated to the email address entered at the time of purchase or as registered
in your Account.
10.3 You accept that by using our Site, or otherwise
purchasing our Products, you consent to us sending you receipts in accordance
with clause 10.2.
10.4 Where there are multiple payment methods associated
with an Account you create with us, you accept that we may charge another
payment method where we are unable to charge the selected payment method for
whatever reason.
10.5 Some of our payments are operated through an online and
automated billing system (Online Payment). Where your payments are made via
Online Payment: (a) You agree to ensure sufficient funds are available in your
nominated account to meet any account withdrawals made by us on their scheduled
due dates. (b) If payment is defaulted or not received, you authorise us to
debit any outstanding funds from your nominated account without need for
notification at a future date. 6
10.6 We reserve the right to suspend or terminate any
Product delivery, at our discretion, if payment is defaulted.
11 SHIPPING POLICY
11.1 We ship our Products to Australia and New Zealand.
11.2 You will be required to pay all shipping costs, except
in instances where we offer free delivery.
11.3 You accept that shipping costs are variable and may be
updated from time to time to reflect shipping charges at that point in time.
Our shipping costs will be calculated at the point of checkout.
11.4 We will also offer a range of delivery options as
listed at checkout, including express delivery options.
11.5 We will endeavour to ship the Products to you on the
same business day that the Order is made. If: (c) you are based in Australia,
our estimated delivery timeframe is 3-7 business days from the day that the
Order is placed; or (d) you are based in New Zealand, our estimated delivery
timeframe is 7-10 business days from the day that the Order is placed.
12 REFUNDS AND CANCELLATION POLICY
12.1 Any refund, returns or cancellation requests must be
submitted by email at info@exellonau.com.au.
12.2 We do not issue refunds for cancellation requests where
your Order has been shipped, regardless of whether you have received a Dispatch
Confirmation.
12.3 We will offer you an exchange or store credit if you
change of mind or you have purchased the incorrect size if: (a) you return the
items in accordance with clause 12.06; and (b) within 30 days of your order
being shipped.
12.4 You accept that refunds are not provided for our
Products, unless as required under the Australian Consumer Law, as set out in
Schedule 2 of the Competition and Consumer Act 2010 (Cth).
12.5 Any returns issued to us must comply with the below
requirements: (a) the Products must be unworn; and
(b) the Products must contain all original tags and
packaging, including any labels. 12.6 Should the requirements provided in
clause 12.6 not be complied with, we reserve the right to reject the return at
our sole discretion. 12.7 We do not offer refunds, exchanges, or credit notes
for customised products or final sale items.
13 YOUR OBLIGATIONS
13.1 During the delivery of our Products or while you are
visiting our Site, you agree to: (a) respond promptly to our communications;
(b) provide, within a reasonable amount of time, accurate, complete and current
information or documentation reasonably required by us to provide the Products
to you; (c) not use our Products or Site content for commercial purposes; (d)
act in good faith; and (e) comply with these Terms.
13.2 When providing our Products, we may request that you
provide us with responses, feedback, completed questionnaires, copy content,
images and other information so we can best deliver our Products to you. You
agree that you will provide any such information in a timely manner. Any delays
in receiving this information may result in information not being provided by
us to you.
14 CONFIDENTIALITY
14.1 Each party (Recipient) must keep secret and
confidential and not disclose any Confidential Information (which is or has
been disclosed to the recipient by the other party, its representatives or
advisers), or these Terms, except: (a) where the information is in the public
domain as at the date of these Terms (or subsequently becomes in the public
domain other than by breach of any obligation of confidentiality binding on the
Recipient);
(b) if the Recipient is required to disclose the information
by applicable law or the rules of any other document with statutory content
requirements, provided that the Recipient has to the extent practicable having
regard to those obligations and the required timing of the disclosure consulted
with the provider of the information as to the form and content of the
disclosure;
(c) where the disclosure is expressly permitted under these
Terms or is required to give effect to these Terms;
(d) if disclosure is made to its personnel to the extent
necessary to enable the Recipient to properly perform its obligations under
these Terms or to conduct their business generally, in which case the Recipient
must ensure that such persons keep the information secret and confidential and
do not disclose the information to any other person; 8
(e) where the disclosure is required for use in legal
proceedings regarding these Terms; or
(f) if the party to whom the information relates has
consented in writing before the disclosure.
14.2 Each Recipient must ensure that its personnel comply in
all respects with the Recipient's obligations under this clause.
14.3 Definitions Confidential Information of a party means
all information (in any form): relating to or arising from the supply of the
Products; that concerns that party’s business operations and which any
reasonable person would consider to be of a confidential nature (such as trade
secrets, methods, strategies, client lists, pricing, and other business
processes); and but does not include information that: is or becomes
independently developed or known by a party through no breach of these Terms by
that party; or becomes publicly available, without breach of these Terms;
14.4 This clause survives termination or expiry of these
Terms.
15 COPYRIGHT AND TRADE MARK NOTICES
15.1 All material on this Site, or otherwise delivered by us
via the supply of our Products, including (but not limited to) templates,
information, text, graphics, information architecture and coding (Our Content),
is subject to copyright. While you may browse or print our Content for
non-commercial, personal or internal business use, you must obtain our prior
written permission if you would like to use, copy or reproduce it. Modification
of our Content for any other purpose is a violation of our copyright and other
proprietary rights, and is strictly prohibited.
15.2 You acknowledge that you do not acquire any ownership
rights by using the Site or our Content.
15.3 The trade marks, logos, and service marks displayed on
our Site to denote our brand are either registered or unregistered trade marks
of us (our Marks). Our Marks, whether registered or unregistered, may not be
used in connection with any product or service that does not belong to us, in
any manner that is likely to cause confusion with customers, or in any manner
that disparages us.
15.4 Nothing contained on this Site should be construed as
granting, by implication, estoppel or otherwise, any licence or right to use
any our Marks without our express written permission.
15.5 You agree that damages may be an inadequate remedy to a
breach of these Terms and acknowledge that we will be entitled to seek
injunctive relief if such steps are necessary to prevent violations of our
intellectual property rights.
15.6 Should you publish any content on our Site, including
reviews, you grant us with a non-exclusive, royalty-free and sub-licensable
right to use, reproduce, modify, distribute and display such content at our
sole discretion.
16 RIGHT TO SUSPEND, TERMINATE AND REFUND
16.1 If you have breached these Terms, we may at our sole
discretion, bar, suspend or terminate your access or use of the Site on a
permanent or temporary basis.
16.2 If this occurs, you must not access or attempt to
access or use the Site during the period of your bar, suspension or after
termination.
17 DISCOUNTS, PROMOTIONS AND OFFERS
17.1 From time to time, we may offer the opportunity to
purchase our Products at a discounted or promotional price, subject to these
Terms.
17.2 Any discounts, promotions and offers will be confined
to the time period and additional terms of sale in accordance with the details
of that respective discount, promotion and/or offer as published online from
time to time on our Site.
18 LIABILITY IS LIMITED
18.1 We provide our Products on an "as is" basis
and without any warranties, representations, or conditions of any kind, whether
express, implied or statutory, to the extent permitted by law. Subject to the
other terms of this clause, we exclude all rights, representations, guarantees,
conditions, warranties, undertakings, remedies or other terms in relation to
the Products that are not expressly set out in these Terms to the maximum
extent permitted by law.
18.2 Without limiting the generality of clause 18.1, we
expressly exclude any liability in contract, tort or otherwise for any injury,
damage, loss, delay or inconvenience caused directly or indirectly by your use
of our Products.
18.3 Subject to the other terms of this clause, our maximum
aggregate liability owed to you in for any loss or damage or injury arising out
of or in connection with the supply of our Products under these Terms,
including any breach by us of these Terms however arising, under any indemnity,
in tort (including negligence), under any statute, custom, law or on any other
basis, is limited to the actual charges paid by you under these Terms in the
one month period preceding the matter or the event giving rise to the claim.
18.4 The disclaimers, limitations of liability and
indemnities within these Terms do not exclude rights that may not be excluded
by Law, including but not limited to, those rights under the Australian
Consumer Law.
18.5 If we are liable to you in relation to a failure to
comply with a guarantee that applies under Division 1 of Part 3-2 of the
Australian Consumer Law that cannot be excluded, our total liability to you for
that failure is limited to, at our option, to the resupply of the Products or
the payment of the cost of resupply.
18.6 Subject to the other terms of this clause, we exclude
any liability owed to you, whether in contract, tort (including negligence) or
otherwise, for any special, indirect or consequential loss arising under or in
connection with these Terms, including any loss of profits, loss of sales or
business, loss of 10 production, loss of agreements, loss of business
opportunity, loss of anticipated savings, loss of or damage to goodwill or
reputation or loss of use or corruption of data or information.
18.7 This clause applies to the fullest extent permitted by
law and shall survive termination of these Terms.
19 INDEMNITY
19.1 You agree to indemnify us and our officers, agents,
partners, directors, shareholders and employees and subcontractors, against any
direct losses, liabilities, costs, charges or expenses and all interest,
penalties and legal costs (calculated on a full indemnity basis) and all other
reasonable professional costs and expenses suffered or incurred by us arising
out of or in connection with:
(a) your use of our Products in a manner inconsistent with
its intended purpose;
(b) any claim made against us or you by a third party
arising out of or in connection with the provision of our Products and/or these
Terms;
(c) any breach of these Terms by you, including any failure
to pay any fees on time;
(d) any reliance by you or a third party on our Products on
any advice or information provided in connection with the provision of our
Products and/or these Terms; and
(e) the enforcement of these Terms.
19.2 You must make payments under this clause in full
without set-off or counterclaim, and without any deduction in respect of taxes
unless prohibited by Law.
19.3 We are not responsible, and expressly limit our
liability to the extent permitted by Law, which is without limitation to your
rights under the Australian Consumer Law, for damages of any kind arising out
of use, reference to, or reliance or use on any information contained within
our Site or by purchasing our Products.
19.4 This clause survives the termination of this agreement.
20 NO DISPARAGEMENT
20.1 At all times, you must not make any public or private
statement or comment, whether oral or in writing, which in our reasonable
opinion is adverse to the interest, reputation or commercial standing of, or,
is in any respect a disparaging remark or representation about us and/or any of
our Products nor any statement that is false and does or has the tendency to
damage our reputation by any method including but not limited to any social
media platform or review website anywhere in the world
20.2 Should you breach this clause, you hereby indemnify us
in accordance with clause 19 above. 21 FORCE MAJEURE
21.1 We will not be in breach of these Terms or liable to
you for any Loss that you may incur as a direct result of our failing to
perform our obligations or being prevented, hindered or delayed in performing
our obligations under these Terms where such prevention, hindrance or delay
results from a Force Majeure Event.
21.2 If a Force Majeure Event occurs, we will notify you
(Non-affected Party) in writing as soon as practicable and that notice must
state the particulars of the Force Majeure Event and the anticipated delay.
21.3 On providing the notice in the above clause, we will
have the time for performance of the affected obligations extended for a period
equivalent to the period during which performance has been delayed, hindered or
prevented, however, we will continue to use all reasonable endeavours to
perform those obligations.
21.4 The performance of the affected obligations will be
resumed as soon as practicable after such Force Majeure Event is removed or has
ceased.
21.5 References to a Force Majeure Event in this clause
means: events, circumstances or causes beyond a party’s reasonable control
including (but not limited to): (a) strikes, lock-outs or other industrial
action; (b) civil commotion, riot, invasion, cyber-attack, service attack,
terrorist attack or threat of terrorist attack, war (whether declared or not)
or threat or preparation for war; (c) fire, explosion, storm, flood,
earthquake, subsidence or other natural disaster; (d) epidemic, pandemic,
health emergencies, disease; (e) impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport; (f) interruption or failure of utility Services (including the
inability to use public, private telecommunications networks, servers or third
party hosting platforms); and (g) the acts, decrees, legislation, regulations
or restrictions of any Government Agency; however does not include a lack of
funds.
21.6 References to Lossin this clause means: any loss,
liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever,
including special, incidental, or consequential damages, losses or expenses
(howsoever arising or caused, including, without limitation, negligence).
22 LINKED WEBSITES, AFFILIATES OR SPONSORS 12
22.1 Any links to other websites on our Site, which are not
operated by us are not controlled by us and we accept no responsibility for
them or for any loss or damage that may arise from your use of them. Your use
of any linked sites will be subject to the terms of use and service contained
within each such site.
22.2 As affiliates of
certain products we may also receive compensation for recommending, endorsing
or promoting products as featured on our Site or in the course of delivering
our Products. Any affiliation or sponsorship is for remuneration purposes only
and is not an expression of our own recommendation, endorsement or promotion of
those products which are not our own.
22.3 We make no representation or warranty as to the
recommendations, endorsements or promotions we make of certain products, unless
expressly stated otherwise. You acknowledge and agree that any remuneration or
other non-monetary benefit we receive from our affiliated, endorsed or
sponsored products is for the purposes of that affiliation, endorsement and
sponsorship only. We expressly disclaim any liability arising from your use or
reliance of any recommended, endorsed or promoted products by us which are not
our own and caution you to make your own independent inquiry prior to any such
use or purchase.
23 SEVERABILITY
23.1 If any provision of these Terms is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect.
24 NO ASSIGNMENT
24.1 You cannot transfer or assign your rights in accordance
with these Terms, including any membership or registration with us, without our
prior written consent.
24.2 We may assign or transfer our rights and obligations
under these Terms at any time, upon prior written notice to you of at least 4
calendar weeks.
25 SUB-CONTRACTING
25.1 We are free to sub-contract any of our obligations
under these Terms, but such sub-contracting will not release us from our
liabilities under these Terms.
26 BINDING ON SUCCESSORS
26.1 These Terms shall be for the benefit of and binding
upon the parties and their heirs, executors, successors and permitted assigns.
27 DISPUTE RESOLUTION
27.1 If a dispute arises between the parties in relation to
these Terms, the dispute must be dealt with in accordance with this clause.
27.2 Any party claiming that a dispute exists must notify
the other party to the dispute (Second Party) in writing of the nature of the
dispute.
27.3 In the case of claims against us, all notices are to be
provided to info@exellonau.com.au.
27.4 If the dispute is not resolved by agreement within 10
business days of the Second Party receiving the notice referred to above,
either party may refer the matter to mediation conducted by a mediator agreed
between the parties within a further 10 business days or failing agreement
within that period, as appointed by the executive director for the time being
of the Australian Commercial Disputes Centre Limited.
27.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing
parties. (b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other
determination in relation to the dispute.
27.6 If the parties have not mediated a resolution of the
dispute within 10 business days of the selection of a mediator, neither party
shall be obliged to continue any attempt at mediation under this clause, and
either party may then commence such legal proceedings as it considers fit in
relation to the dispute.
27.7 Nothing in this clause prevents a party from commencing
proceedings seeking urgent interlocutory relief from a court of competent
jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is
necessary to protect their rights.
27.8 Despite the existence of a dispute the parties must
continue to comply with their obligations under the contract.
27.9 This clause survives termination of these Terms.
28 APPLICABLE LAW
28.1 These Terms shall be construed in accordance with and
governed by the laws of New South Wales, Australia. You consent to the
exclusive jurisdiction of the courts in New South Wales to determine any matter
or dispute which arises between us.
29 YOUR FEEDBACK
29.1 We welcome enquiries or feedback on our Site. Unless
specifically stated by you, we shall treat any information you provide us with,
as non-proprietary and non-confidential. Please see our Privacy Policy for
further details.
29.2 If you have questions or comments regarding this Site
or our Products, please email us at info@ariiston.com.au © Progressive Legal
Pty Ltd – All legal rights reserved (2024). These Terms were last updated in
July 2024.
